Benson v. Benson
Decision Date | 23 December 1902 |
Parties | BENSON v. BENSON. |
Court | Missouri Court of Appeals |
Appeal from St. Louis circuit court; D. D. Fisher, Judge.
Petition by John F. Benson against Annie Benson, administratrix, etc., for an order requiring defendant to pay plaintiff's fifth-class claim. The probate court and the circuit court (to which the case was appealed) both made orders directing defendant to pay all demands of the first, second, third, and fourth classes, and 50 per cent. of all demands of the fifth class, and the administratrix appeals. Affirmed.
The case originated in the probate court of the city of St. Louis, where plaintiff filed his petition for an order on the defendant to pay, in full or pro rata, his fifth-class claim, of $122.85, which had been duly probated against the estate of appellant's intestate, and placed in the fifth class of demands. On a hearing in the probate court, that court made an order directing appellant to pay all demands of the first, second, third, and fourth classes allowed against the estate, and 50 per cent. of all the demands of the fifth class. The case was appealed to the circuit court by the administratrix, where the cause was submitted to that court on the following agreed statement of facts and contentions of the parties:
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